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  1. JA v KQ & BT [2021] NZDT 1355 (20 January 2021) [pdf, 190 KB]

    ...section 43 of the FTA may confer personal liability on employees, directors or other persons in certain circumstances, JA says that the misleading conduct was conveyed to her by employees of the company. Her argument is that the directors should be responsible for the actions of their company and their employees, which is in essence a request for the Tribunal to ‘lift the corporate veil’. JA did not have any personal dealings, contact or communication with either of the directors in...

  2. AG Ltd v SQ [2018] NZDT 1443 (30 October 2018) [pdf, 105 KB]

    ...the contract. CI0301_CIV_DCDT_Order Page 2 of 3 If so, is AG Ltd entitled to enforce the contract? 6. The CCCFA sets out requirements that all consumer credit contracts must comply with. These include disclosure requirements, lender responsibilities and requirements regarding fees. The CCCFA also states that a contract cannot be enforced if the disclosure requirements have not been complied with. 7. I find that AG Ltd has not complied with the initial disclosure requir...

  3. [2021] NZEmpC 195 KAQ v The Attorney-General [pdf, 185 KB]

    ...away at it, may make an educated guess from that which has been published at the defendant’s identity. But that is no reason to allow general publication and does not undermine its possible future effectiveness. Suppression will be respected by responsible news organisations. [8] In the present case the horse has not yet fully bolted. There has been limited identification of the plaintiff and (Mr Shaw submits) limited publicity. A media application now before the Court suggests...

  4. Te Maari v Hamon - Lot 5 Deposited Plan South Auckland 15580 Mangakino Pouakani Marae [2021] Māori Appellate Court MB 222 (2021 APPEAL 222) [pdf, 214 KB]

    ...bear the costs of a successful appeal is inconsistent with the kaupapa and Preamble laid down in ss 2 and 17 of the Act. Nga Tuku Kōrero ā ngā Kaiurupare - Respondents submissions [10] On 2 June 2021, counsel for the respondents filed his response. The respondents oppose the application for costs against the respondents but support appellants’ application for special aid to meet their costs on the appeal. [11] Counsel for respondents invited the Court to take the following f...

  5. ORC PC7 Hearing Schedule - 17.06.2021 [pdf, 145 KB]

    ...Evidence in reply TBC Adjourn Friday 2 July 2021 - Hearing Day 39 (9.30am Start, 2pm Adjournment) Party Reference / Submission No. Name of Representative Subject (if provided) Position Evidence / Representation Questioning / Cross-Examination WISE Response *Via AVL (TBC) Dr Hamish Rennie Closing Representation Closing Closing (15min) Court (15min) Royal Forest & Bird *Brought forward due to unavailability the following week of 5 July with a Court of Appeal fixture Peter An...

  6. Terms of Reference for Stat Review Final [pdf, 115 KB]

    ...and enhancing our ability to detect and deter money laundering, terrorism financing, and financing the proliferation of weapons of mass destruction so that New Zealanders’ economic wellbeing and security is protected; • Appropriately and responsively manage the risks New Zealand is exposed to across the system through clear obligations on businesses, agencies, and the public which strike the appropriate balance between prescriptive obligations and performance expectations;...

  7. ST v Council [2022] NZDT 9 (24 March 2022) [pdf, 92 KB]

    ...is whether the respondent adequately addressed those things; that is, did the council check this tree for any risk of branches falling off and take such preventive action as might be called for? 6) Whilst, in general terms, there is an onus or responsibility on the applicant to sustain and make out all elements of his claim, it might well be said that where, as here, a tree has fallen on and damaged a car, there might be a shifting of the burden to the respondent to explain its actions...

  8. Form 46 Civil Public Protection Orders [pdf, 239 KB]

    ...reasonably incurred. • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. I acknowledge that: • If this case is subject to a user charge, the total approved payment may be reduced by the amount of the user charge where the total approved is more than the user charge. Signature of lead...

  9. Stopping a child being taken overseas Info Booklet MOJ0607 [pdf, 414 KB]

    ...may be helpful to talk to a lawyer to understand your rights if you’re worried about a child being taken overseas. If you’re not sure where to start, visit your local Community Law Centre or communitylaw.org.nz A guardian is an adult who is responsible for the upbringing and care of a child. http://communitylaw.org.nz What the Family Court can do If a child has already been taken overseas You should act quickly if you’re worried about a child who has been taken (or kept)...

  10. Form 42a Civil Victims Order [pdf, 246 KB]

    ...reasonably incurred. • No other payment, remuneration or benefit has been or will be received in respect of this work (unless authorised by Legal Aid). • Any non-lawyer or supervised provider performed his or her work under my supervision and I am responsible for it. Signature of lead provider Date day month year Tax Invoice Civil Legal Aid Fixed Fees Victims' Orders against Violent Offenders (Applicant & Respondent) Number offi...